I did qualify for the Navy band musically. I have my bachelors degree in music education, and masters in clarinet performance. Three years ago I had surgery to correct spondylolisthesis, so technically I am fixed and no longer have the condition. I did have a single spinal fusion. I was cleared by my surgeon 2 years ago with no restrictions. I went to the recruiter and took my ASQT and scored a 95, went through MEPS and filled out a waiver packet. I just heard from my recruiter that my waiver was denied. Is there any recourse for me to have this looked at again. I am willing to sign a paper that would absolve the Navy from any claims on my part if I would be injured in basic training. Since I would be in the Navy band I don't think there would be many physical injury possibilities after basic. Please give me your opinion. Thank you.
Was willing to get current scans to show back is completely fixed and healed.
Since I just got the news tonight, I will check with the Navy music people that told me I would have a job, and will have my recruiter check with the waiver people to see if I can do anything.
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.Unfortunately, there is not. In fact, the waiver request is actually the appeal to the original denial that you are not even aware occurred. Waivers are actually appeals made by the only person that can make them, a recruiter. Your only recourse is to find a different recruiter, perhaps a different branch, and apply again through a different person so that a different approval authority gets to review the waiver request.
Lawyer and current JAG officer.
Would I be able to go to a Navy recruiter in another area, or would I have to apply to another branch of the military. I would want to stay with the Navy if at all possible. I had a recruiter in San Antonio TX, where I was going to graduate school. I have now graduated and am on the east coast. Could I try a Navy recruiter in Philadelphia and possibly get a different result?
You can go to another Navy recruiter, sure. You'd have to disclose that you have been turned down before, but each recruiting station has their own commander who is the authority for their waivers.So yes, you could try a recruiter in a different state and get a different result. No guarantees, but it is possible.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).